Mayville residency board declines to grant exception for petitioner under sex-offender residency rules
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Summary
The Mayville residency review board considered a petition asking for an exception to the city's residency/registration ordinance and, after hearing police background and applicant testimony, voted against granting the waiver; the motion failed on roll call.
The Mayville Residency Review Board voted on a motion to grant an exception to the city's offender residency rules for a petitioner and the motion failed after a roll-call vote.
Patrick Mandy, the city attorney, opened the discussion by confirming a petition and application fee had been filed and by identifying the relevant ordinance provision the board must apply when assessing residency exemptions. Mandy told the board the first procedural step was a police determination of whether the petitioner's conviction falls within the ordinance's restrictions and that the petitioner now must present any "extraordinary facts or circumstances" that would justify a waiver.
A law-enforcement official told the board he had verified the petitioner's identity and criminal history and that the underlying case involved a juvenile. According to the official, the victim was 13 at the time and, under the ordinance's standard cited in the hearing, that element brings the case within restrictions that prevent the person from living within 1,200 feet of a school, church, park or other places where children congregate. The official also said a tenant notice to vacate was issued on March 3 and that the criminal complaint and assessment materials were included in the board packet.
The applicant addressed the board and described ties to Mayville: a partner who works locally for three to four years, children in local daycare and relationships with neighbors and local business owners. The applicant said he works in construction for an employer and submitted supporting documents the board reviewed, including a landlord's certified letter and an offender assessment report signed by a psychologist included with the application.
Board members questioned the applicant about the probation and criminal-history details the packet recorded, and about whether the materials demonstrated the "extraordinary facts or circumstances" required for an exception. The city attorney and the board noted the procedural standard and asked for clarification on the assessment report and the petitioner's probation status.
A motion to grant the requested exception was moved and seconded and the clerk conducted a roll-call vote. The transcript records Alderperson Heinekel voting "Aye" and Alderpersons Newman, Smith and DeBaker voting "No." The board announced the motion failed. The transcript lists Alderperson Olsen during the roll call but does not record a vote for that member in the provided text.
The chair moved to adjourn and the meeting ended at about 5:50 p.m. The board did not adopt a waiver for the petitioner; the subject remains governed by the residency ordinance unless the board reopens action at a later date or the petitioner provides additional extraordinary facts for reconsideration.
